Queen’s Speech

Lord Carrington Excerpts

Wednesday 11th May 2022 Lords Chamber

[Lord Carrington (CB)]

My Lords, this has been a most wide-ranging and interesting debate, and it is a great pleasure to follow so many knowledgeable people, including the right reverend Prelate the Bishop of Guildford. I declare my interests as a farmer and landowner as set out in the register. I too welcome the intention to bring forward legislation to assist in the levelling-up agenda, which was clearly signalled in the February White Paper. However, as we heard from the right reverend Prelate the Bishop of St Albans, there was precious little in the paper on the challenges and opportunities faced by rural areas; it had a distinctly urban focus.

I am proud to have been a member of the APPG on Rural Business and the Rural Powerhouse, which, as mentioned by its co-chair, the noble Lord, Lord Cameron of Dillington, released a report in April entitled Levelling up the Rural Economy: An Inquiry into Rural Productivity. I shall briefly concentrate on just a few of the issues raised, and look forward to a response from the Minister on how the Government see those challenges and their likely solution.

First, there are the perceived drawbacks of a planning system that is under-resourced and fails to consider the need for economic growth in rural areas. In particular, there is the need to recognise the importance of affordable housing in smaller local communities, rather than concentrating on larger developments. Employment and housing are essential for a thriving local community, or the young, who cannot afford expensive and often unsuitable existing housing, will move away and local businesses will suffer. The National Planning Policy Framework excludes small housing developments in the countryside, affordable or not, and sites of redundant farm buildings do not meet the definition of brownfield sites, which means that farmers and other rural businesses are unnecessarily constrained in their attempts to diversify into other activities. This is extraordinary when, following the steady reduction of the basic payment to farmers and the introduction of ELM schemes, which are not designed to compensate for the lost basic payment, the farmer is being encouraged to diversify. Depending on his diversification, how can he achieve that if he cannot convert his farm buildings if suitable? This indicates the need to redefine permitted development rights. To increase the efficiency of the planning process, the APPG report calls for a training budget specifically for planning officers on rural issues, with additional officers.

Secondly, there is the need to amend and clarify the taxation of appropriate rural businesses, as mentioned by the noble Lord, Lord Cameron of Dillington, to reflect the changing economic environment following the introduction of ELMS and the consequent increase in diversification away from farming. There is a strong argument to recognise a specific rural business unit as one unit for taxation purposes. Currently, these businesses must separate their activities into different silos, although they may be commonly owned, managed and often use the same assets as each other. With a rural business unit, activities such as farming, a riding school, a farm shop and cottage letting could report as one entity. Associated with this is the need to clarify the applicability of conditional exemptions, such as agricultural property relief and business property relief. This could be used to ensure that landowners are actively encouraged to build affordable housing and housing for social rent in those villages. Similarly, to incentivise activities that mitigate climate change, such as solar schemes, environmental schemes and carbon sequestration, the applicability of those reliefs needs clarification.

Thirdly, there is the requirement on the private rented sector that by 2025 all properties have an energy performance certificate of band C or higher. The Government appear to have a one-size-fits-all solution to changing the way we heat our homes. We are currently trying to replace gas and oil-fired boilers. However, the preferred and uniquely subsidised solution is to replace these with heat pumps. In much of the countryside, which is not on the gas grid and where houses may be of older and traditional construction without cavity walls, or may be listed, the heat pump solution can often be much more expensive than looking at other technologies, such as hydrogen or renewable liquefied gas. This means that many rural properties will be unable to reach bands B and C.

Incidentally, the measurement of these bands is open to dispute, as the carbon stored in older buildings is not considered, nor the carbon generated by the construction of new buildings. Government funding should be allocated to technologies other than heat pumps, and there should be clear recognition that other solutions and exemptions will be required.

Finally, I highlight the possibility of the abolition of Section 21, which raises many genuine concerns that will be debated. Among them is the threat to prevent landlords evicting a tenant at the end of the tenancy period to which the renter has voluntarily agreed when signing the lease. Why would a landlord offer a fixed-term, short lease if the term was effectively in perpetuity? Assuming the landlord has no other use for the property and the tenant has been paying his rent, there is little likelihood that the tenancy would not be renewed, but there are many justifiable circumstances in which the landlord may require that property for another occupant, let alone for himself or if he wishes to sell the property—for instance, where the property needs to be occupied by an essential worker in the business or activity to which that property may be connected. An obvious example of this in the rural sector would be on a livestock farm, where proximity to the job is essential, but it could also apply to nurses, teachers and the police. Limited affordable housing stock in rural areas makes alternative accommodation difficult for some occupations. By all means, let us create longer minimum-term tenancies, but flexibility remains important, or the private rented sector will decline.

There are many other issues relating to levelling up in areas that have already been covered by other noble Lords. However, the overwhelming conclusion that one comes to from reading this report is that some form of cross-government co-ordination, as referred to by the noble Lord, Lord Cameron of Dillington, is essential so that all these opportunities and issues are properly addressed.

High Speed Rail (West Midlands–Crewe) Bill

Lord Carrington Excerpts

Tuesday 8th December 2020 Lords Chamber

[Lord Cormack (Con)]

My Lords, I sincerely hope that the noble Lord, Lord Bradshaw, is right. I would hate to see aggressive or arrogant behaviour on the part of anybody.

I pay tribute to three noble Baronesses. The noble Baroness, Lady Jones of Moulsecoomb, has a short fuse, but a wonderful way of exciting our affection and admiration for her campaigning skills. She has total belief in what she says, even when she is wrong. I really do congratulate her on the way she has promoted the cause of ancient woodlands, done with a burning sincerity and not a little good humour—because she is very good- humoured.

The noble Baroness, Lady Young of Old Scone, has as much knowledge on this subject as anyone I know. She tabled a more modest amendment. I have a certain preference for the first one, but hers was a sensible amendment.

Here is where I pay tribute to my noble friend on the Front Bench; it is very good to be able to do so in a wholly unreserved way. I was delighted when I received the email this afternoon telling me she had a good mind to accept the amendment. It is good to be able to support the Government unreservedly on anything at present. Therefore, I thank her very much indeed.

I want to add to what was said by my noble friend Lord Randall in moving Amendment 9. I do not want to talk about those in charge of security—rather, those who are higher up in HS2. There have been examples of very arrogant behaviour towards people whose homes were threatened. I know of a case of a public servant who gave unstintingly to his county and was badgered and bullied when it came to the compulsory purchase of his much-loved family home. I do not want to identify him by saying any more.

It is important that those in charge of driving this great project—and while it does not have my unreserved support, I do believe that it is a great project—display a degree of sensitivity. I am delighted we are putting this amendment in to the Bill, but it is up to those higher up in HS2 to ensure that they handle issues and people with a degree of understanding. It is for the Minister to keep a beady eye on them all the time. When people are effectively driven out of their homes, seeing the countryside they love and in which they have lived—in some cases for generations—despoiled, although it might be true what the noble Lord, Lord Bradshaw, has said, that when it is all over and done with, it will be quiet, or quieter than people fear, nevertheless something will have gone for ever. It is important those in charge of this project are conscious of the wider public responsibility. I hope the Minister will have a gentle word with them on that subject.

I warmly welcome what is being done this afternoon. Again, I am most grateful to the three noble Baronesses.

[Lord Carrington (CB) [V]]

My Lords, I declare my interests as a landowner, as set out in the register. I am also directly affected by HS2 south of Birmingham. I had not intended to speak on these amendments, but the groupings changed at some point, and my name seems to have been retained. Now, on further research, I think it worth making some basic observations.

HS2 claims that only 43 out of 52,000 ancient woodlands will be affected, and 80% of the 43 will remain intact. Therefore, we are talking about just 0.005% of ancient woodlands. We should also remember that, as we heard last week, some of these ancient woodlands are far from being ancient. I happen to own and manage such a designated wood. It was owned by the Forestry Commission, which felled and replanted it almost entirely with Corsican pine shortly after the last war. The wood failed: Corsican pine was the wrong tree to grow on heavy Oxford clay. I have replanted it with hardwood, and it is thriving, together with all the flora and fauna. I did not need a special report to do this—I just got on with it. HS2 will have a similar responsibility and opportunity.

My real comment is that although these amendments are well intentioned and harmless, they are unnecessary and a further bureaucratic exercise, something that most woodland owners and managers dread. The compilers and others involved in these suggested reports would be better occupied in actually managing these woodlands on the ground with planting, weeding, pruning and pest control. Erecting hides to help manage the barking deer population as well as removing squirrel dreys with poles and setting humane traps for this worst of pests would be a more constructive use of everyone’s time.

Having said this, I would certainly not oppose Amendment 13 in the name of the noble Baroness, Lady Young of Old Scone, but I believe that Amendment 10 in the name of the noble Baroness, Lady Jones of Moulsecoomb, is a little over the top.

[Baroness Randerson (LD)]

My Lords, I am pleased to follow on from the noble Lord, Lord Carrington, because he picked up on an issue that I raised in the previous debate on this. Ancient woodland does not necessarily mean ancient trees—they are of variable quality. However, of course, they include a number of fine pieces of woodland that have rich ecosystems because they have been on that site for a very long time.

I am pleased that the Minister has indicated that she will accept Amendment 13. The previous debate was characterised by very vigorous discussion between Members of this House with a considerable knowledge of environmental issues. There was an obvious level of disagreement among the experts and, therefore, Amendment 13 enables this not to become the subject of the debate. One assumes that the reports concerned will follow on from expert advice.

I hope that these annual reports will not be yet another bureaucratic process but a mechanism to enable public scrutiny of how HS2 is performing in practice and to ensure that there is progress and improvement in standards of land and woodland management as the project progresses. This is a massive project and there is no excuse for getting anything other than the most expert advice on woodland issues. In financial terms, the cost of woodland replanting and improvement is very small indeed in comparison with the costs of the engineering aspects of the project.

I will repeat a question I have asked before and come back to a topic I have dealt with before. Our rich environments—areas of outstanding environmental importance—are not just limited to ancient woodlands: wetlands and meadows can be every bit as important in terms of environmental and ecological significance.

High Speed Rail (West Midlands–Crewe) Bill

Lord Carrington Excerpts

Report stage (Hansard) & Report stage (Hansard): House of Lords & Report stage
Monday 30th November 2020 Lords Chamber

[Lord Framlingham (Con) [V]]

My Lords, it gives me great pleasure to follow the noble Lord, Lord Cormack. I too watched “Countryfile” yesterday evening; in these gloomy days I found it really quite inspiring. I wish to speak in support of Amendments 5, 6 and 7. Although much has been said already—the noble Lord, Lord Blencathra, and the noble Baroness, Lady Young of Old Scone, have comprehensively dealt with the issue—perhaps something I say may be of interest.

During our discussions in Committee, I was accused by one noble Lord of making a Second Reading speech. I cannot possibly agree. I contend that if a project is as fundamentally flawed as HS2, this flows over and contaminates every aspect of the Bill. It is impossible to escape the basic facts. If you are unwise enough to try to build a house on shifting sand, every time you discuss the doors or windows, you will be forced back into recognising that you have made a dreadful mistake from which there is no escape.

These proposed new clauses, which I support, are about damage limitation. The effect of HS2 on our natural environment will be, and is already, catastrophic. To insist, as Amendment 5 does, on a “10% biodiversity net gain”, rather than the very unambitious “no net loss”, seems the least we can do. The Government insist on these standards for other people and ought to insist on them for HS2, particularly as the damage is being inflicted by the Government and intentionally.

Amendment 6 deals with ancient woodland. I declare a long-standing and non-pecuniary interest in the Arboricultural Association, the foremost organisation in the country in the planting and care of our urban trees. I was for some years its president and am now an honorary fellow. The amendment is about doing all we can to protect and preserve our ancient woodlands. Let no one pretend that HS2 is not doing irreparable damage. The woodlands, with all the benefits and joy they bring, will never be replaced. It is futile to suggest it. It is even more ridiculous, as the noble Lord, Lord Cormack, has just pointed out, to suggest that they can be moved, as anyone with any understanding of trees, soils and their interaction can testify. Protection, not replacement, is the key.

I come back to the point I made earlier about the relationship between the Second Reading of a Bill and its later stages. Whoever dreamed up HS2 either did not care or did not understand the effect of driving a high-speed train through the heart of England. If you want to travel at the kind of speeds originally used to sell the project, you must travel in a straight line. You cannot have bends or curves, for obvious reasons, so you draw a straight line from London to Birmingham, or Birmingham to Crewe, and if anything happens to get in the way—towns, villages, farms, businesses, people’s homes or ancient woodland—I am afraid that is just too bad. A massive amount of damage is inevitable and, one would have thought, foreseeable. This is not how you build roads and railways in a relatively small country. It is possible to travel at reasonably high speeds on railways which have been constructed, as far as reasonably possible, to avoid doing the kind of damage that I feel has been inevitable from this scheme’s conception.

The irony of all this, as I understand it, is that, for a variety of reasons, the originally dreamt-up speeds are not going to be possible. Indeed, the accent has now shifted, and the argument has moved to other things, so time may show that our ancient woodlands have been sacrificed in vain, if we are no longer going at the speeds we projected. Some 108 of our ancient woodlands have already been affected and, nationally, only 2.4% of the original woodlands remain. We simply must do all we can to protect them. When the Minister comes to wind up, I would be grateful if she could tell us—if she can—what the top and average speeds of HS2 are now projected to be.

The new clause proposed in Amendment 7, in its excellent brevity, encapsulates the two most important issues facing the future of trees in the United Kingdom today. Basically we need, first, to keep diseased trees out and, secondly, to grow more of the trees we need. The two propositions are entirely complementary. If, through the problems created by HS2, we can make progress on these two issues, some good will have come out of the difficulties. For many years, I have been advocating tighter restrictions on imported trees and eventually, perhaps, a total ban. Certainly, we need an immediate ban on certain species, such as oak. We are an island and have phytosanitary advantages that brings; we cannot afford to take the risk of more admission of serious diseases.

We have suffered from Dutch elm disease and ash dieback, both of which are imported diseases. The first came from Canada and has almost completely wiped out our precious elm population. How many ash trees will be left when dieback has run its course remains to be seen. The latest fiasco has been the oak processionary moth, which does such damage to our oak trees. It had been present in this country for some time and was presumably imported, but it remained confined to London and the Home Counties. Recently, however, we allowed it in on a consignment of oak trees, and, saving the moth the inconvenience of spreading itself, we distributed it all over the country. There have been excuses aplenty but not the fierce action the situation demands.

We have Xylella fastidiosa, capable of infecting over 300 different plant species, and plane wilt, capable of wreaking havoc on all London planes—both diseases are in Europe, just waiting for the chance to invade. At the moment, our stance on imported trees is awareness and reaction. It should be much more aggressively defensive. As a country, we are becoming more tree-conscious, and mass tree-planting schemes are under way. Without adequate biosecurity, all that effort could be for nothing.

The gap in the market created by tighter import restrictions must be filled by our own nurseries. Urgent consultation should take place, involving government, tree nurseries, landscapers, contractors and local authorities to plan how this can be done and provide the long-term financial commitment badly needed by growers, the lack of which is the reason for so much of our imports. The Woodland Trust has already taken the lead on this issue and will plant only home-grown native trees. It is to be congratulated, and I agree with it when it says that it makes sense to insist that HS2 is required to source all its trees, shrubs and seeds from the UK. It says, and I agree, that to argue otherwise is to deny the seriousness of the situation we are facing.

If both the proposals made in the new clause in Amendment 7 can be put into action, this will be a huge step forward for our trees, and I believe that any noble Lord who really cares for our trees must support it.

[Lord Carrington (CB) [V]]

My Lords, I declare my interest as a landowner with ancient woodlands in the Chilterns. That is set out in the register. I am also directly affected by HS2 south of Birmingham.

I would like to speak against Amendment 7 in the name of the noble Lord, Lord Blencathra, as it fails to take into account one of the three major threats to our woodland—that of climate change, the others being, of course, pests and diseases. It would be short-sighted and damaging to restrict in this manner the plants and trees that are planted under the provisions of the Bill. It also flies against the science and recommendations of the Forestry Commission, set out comprehensively in its report of November 2019 entitled Managing England’s Woodlands in a Climate Emergency, and the UK forestry standard which sets out the Government’s approach to sustainable forestry management with regard to climate change. I should mention here that the Forestry Commission is not just concerned with commercial woodland; it is concerned with all sorts of woodland.

The ancient woodlands of England cannot be set in aspic as they are as affected by climate change as any other type of woodland. We therefore need to ensure that a wood’s genetic viability is enhanced by including not only native species with local provenance but others which are successfully grown from seeds sourced from the Forestry Commission’s 2 to 5 degrees south rule. Avoiding pests and diseases is obviously paramount, so such trees should be grown from carefully selected imported seeds from selected stands, but in UK nurseries. Amendment 7 would be a backward and unhelpful move in the important development and expansion of UK nurseries, leaving aside potential climate change consequences to HS2 woodland.

Amendment 11 in the name of the noble Baroness, Lady Young of Old Scone, achieves much more than Amendment 7 in the sourcing of trees from UK growers, but unnecessarily seems to stop the importation of seed to enable the growing in the UK of trees to achieve the genetic provenance that is so necessary and comes from the areas 2 to 5 degrees south, which is the clear recommendation of the UK forestry standard and the Forestry Commission, which says that:

“Naturalised tree species should be considered to increase species diversity where appropriate”.


That may be necessarily limited in ancient woodland due to other factors, but we are looking at much wider tree planting. The Forestry Commission goes on to recommend the consideration of re-stocking from more southerly origins in the right conditions. Proposed new subsection (2) flies in the face of the Forestry Commission’s advice for the reason of biosecurity. I cannot and do not believe that the Forestry Commission ignores biosecurity, but it also correctly takes into account climate change. The importation of tree seed from carefully selected stands should be actively encouraged.

The other part of this amendment which I greatly welcome is the encouragement given to UK growers and the expansion of the domestic industry. I thoroughly agree that everything should be UK-sourced, but perhaps the amount of time specified for replanting should be extended if an unrealistic timeframe has been given, as supplies from the UK growers are likely to be initially limited in view of the enormous size of potential planting over the next few years. Any clause on those lines must bear in mind that there needs to be joined-up thinking on all tree planting, and in particular that arising from the ELMS in the Agriculture Act, the provisions of the Environment Bill and, of course, the English tree strategy.

One slightly mischievous thought, however, occurs. Perhaps this proposed new clause, suitably amended, should form the missing subsection in Clause 100 of the Environment Bill, which is entitled “Tree felling and planting” but currently covers only felling. Perhaps the Minister could mention that to Defra.